Fairhaven nursing home presses for dismissal of wrongful death suit; court hearing set

Friday

Aug 11, 2017 at 7:05 PMAug 11, 2017 at 7:05 PM

Steve Urbon @SteveUrbonSCT

FAIRHAVEN — Attorneys for Alden Court Nursing Care and Rehabilitation Center and the family of the late Kathryn Miller are set to appear Sept. 7 in New Bedford Superior Court to make arguments about whether the lawsuit should be dismissed.

Miller’s only child, Steven P. Miller, is suing Alden for $1 million in damages and compensation, asserting the nursing center failed to properly respond to the 88-year-old’s distress on the day she died in March 2015. The nursing center has argued in court documents that Mrs. Miller died of a seizure.

The death certificate, however, says that she died of asphyxiation. When she was examined, her throat was blocked by what appeared to be a whole clam, according to court documents. There has not been a determination as to where the clam originated, but it was something that Mrs. Miller should not have been allowed access. Alden Court has said it does not serve clams.

In its motion for dismissal, Alden Court contends that the family “has failed to allege sufficient facts and provide the defendant with a demand letter which adequately describes the unfair or deceptive acts or practices in the conduct of trade or commerce committee by the defendant.”

Attorney Philip Beauregard, representing the Miller family, argued in court documents opposing the dismissal motion that in addition to failing to account for the clam, “the plaintiff’s right to learn the identity of the personnel proving medical care … has also been ignored.

“The plaintiff alleges that Alden has acted unfairly and deceptively toward Miller by failing to conduct a meaningful investigation into how Miller ingested the clam, and whether its staff allowed it to happen.”

The hearing is scheduled for 2 p.m. Sept. 7 in New Bedford Superior Court before Judge Merita A. Hopkins.